What is Battery?
Battery may be a crime, but it can also be a civil action. Laws defining torts are intentional wrongs against a person or property, which includes battery as a tort, which allows individuals to file a civil suit for damages.
Battery is defined as a harmful touching of another person or the offensive touching of another person. If you do not give a person, permission to touch you or your belongings you could file suit for battery. With battery cases, no harm had to occur for the person to be liable. You specific stated, “do not touch me or my purse”. The person hugged you or touched your purse anyway; you could be entitled to damages. In this case, the type of battery would be civil battery and no injuries occurred or if they did occur the intent of injury or harm was not present.
Criminal battery is when the person intended to do a wrong, which would cause harm or be offensive to the victim. In most cases, the criminal will receive a misdemeanor in a criminal court whereas the victim can also file a claim in civil court to receive damages. The majority of sexual crimes have a battery charge along with other charges.
Aggravated battery is the use of or the implied use of a weapon. This type of battery charge is often a felony.
To learn the various
battery charges and their penalties it would be in your best interest to consult with a
criminal lawyer in your state. Whether you were the victim or the defendant, receiving legal advice to protect your rights is always recommended.